(10 years ago)
Commons ChamberMy hon. Friend makes very important points, and I am grateful to him for the conversations we have had. As I indicated, I have spoken to a number of Members who have been campaigning on this issue over the years. He is absolutely right that the terms of reference mean that the panel inquiry will look at a period of 44 years—from 1970 to today—and that it is open to the panel to decide whether it wishes to go beyond that period. It is indeed overarching, looking at cases of historical abuse and more recent cases to find out what were the institutional failures when it came to protecting children, and what further lessons need to be learned. My hon. Friend is absolutely right that we must remember the survivors in this work; it is for them that we are trying to find the answers to what happened in the past and trying to ensure that in future people will not have to go through the terrible experiences that some did. I will set up a liaison group, whose aim will be exactly as my hon. Friend suggested—to ensure that the survivors are kept in touch and able to contribute as the inquiry goes along.
I commend the Secretary of State and my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) for the tone of the statement and the response. The emphasis on survivors and victims raises the issue, as the Home Secretary mentioned, of the scale of the problem. What immediate steps could be put in place not just to help the historical victims but to prepare for further revelations? It is beyond belief that this is not a nationwide problem rather than one confined to the areas that have already been identified. Given the enormity of the task confronting the panel, would it be reasonable in practical terms at least to consider having a joint chair, so that two people could address not only the historical lessons but where we need to go in changing the culture and altering the nature of how this country’s institutions have worked?
The right hon. Gentleman makes an interesting suggestion, which was proposed to me by another Member this morning. The point of having a panel is that not just one individual or indeed potentially two co-chairs will be undertaking this work. The idea is to have a group of people coming together with different experience and different expertise. Unlike in simple judge-led inquiries where one person leads, it is very much the case that all the panel members will contribute. The chairman’s role is about the management of the inquiry, but the management in this case will be through a team of people brought together to ensure that the work is done properly.
(10 years, 5 months ago)
Commons ChamberWould the Home Secretary be prepared to revisit the report produced by Baroness Jean Corston, and perhaps talk to her, about the crucial issue of how we treat people in our communities, as well those coming into them, in relation to the conditions they live in?
The report by Baroness Corston was indeed significant in its findings on the treatment of women and girls, particularly in the criminal justice system in relation to custodial sentences. I have had a number of discussions with Baroness Corston on this matter in the past, especially when I held the women’s brief, when I was considering it particularly. I have also had discussions with the prisons Minister, my hon. Friend the Member for Kenilworth and Southam (Jeremy Wright). I can assure the right hon. Gentleman that the Ministry of Justice is aware that the matter needs to be considered. I am sure that it will be looking at Baroness Corston’s report—although it was done a few years ago, of course—to see what she proposed.
We must ensure that modern courts run efficiently and effectively without undue costs to the taxpayer. We are therefore introducing criminal court charges to ensure that criminals contribute to the cost of their cases being heard through the courts system. It is only right that criminals who give rise to those costs in the first place should carry some of the burden placed on the taxpayer. We will also introduce reforms to judicial review to ensure that it is used for the right reasons and not merely to cause unnecessary delays or to court publicity. Judicial review is vital in holding authorities and others to account, but this must be balanced to avoid costly and time-wasting applications and abuse of the system.
The Modern Slavery Bill will ensure that law enforcement and the judiciary have effective powers available to put slave drivers and traffickers behind bars, where they belong.
(10 years, 5 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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I agree completely with my hon. Friend. That was an early decision by this Government. It was absolutely right to separate the two strands of work of the Prevent strategy: the counter-terrorism work and the integration work. It is right that the integration work is now under the remit of the DCLG. I repeat what I said in my response to the shadow Home Secretary: I suggest that Labour Members listen to the words of the right hon. Member for Kingston upon Hull West and Hessle in this respect. He agreed absolutely with what the Government have done.
The Home Secretary is at her worst when she seeks to patronise. These are extraordinarily difficult and sensitive issues, and they are certainly not funny. Whether we agree or disagree about the previous Prevent strategy, what measures do she and the Education Secretary together intend to take to reach out to the Muslim community in Britain and engage them in a positive dialogue, to ensure that we do not sink into a strategy of “They did it, we did it, other people have done it and therefore we are against you,” which can only lead to divisions in our urban communities and great dangers for our country?
Across the Government, we are absolutely clear that we need to reach out to and work with people in Muslim communities in the United Kingdom to ensure that we address the real issues of potential radicalisation and extremism, which many people in those communities are as concerned about as we are. That work is led by the DCLG through its work on integration at a local level. It is also work that we, as constituency Members of Parliament, can take forward. Last Friday, I was talking with a group of Asian women from my constituency about their experiences, what they wanted to do and how they wanted to work with the local council and others to ensure that people in Muslim communities feel able to be true to their Islamic faith and play a full part in British society.
(10 years, 9 months ago)
Commons ChamberI absolutely agree with my hon. Friend. Most people will be surprised to know that police officers retain their police notebooks in the first place, and secondly that in this instance they kept them and did not reveal them to the panel. It is good that around 2,500 notebooks have now been made available to the investigators. I encourage anybody who has any information relating to Hillsborough—any documents, any files, anything—to come forward with that. I also support my hon. Friend’s suggestion that the Police Federation encourages all police officers and former police officers, who may have information relevant to these investigations, to make that information available.
I think that I speak on behalf of all my colleagues from Sheffield and the people of Sheffield when I commend the Home Secretary for both her statement and its delivery, and the work that she has been doing. I endorse the tribute paid by the Home Secretary and the shadow Home Secretary to the families and the concern that they expressed for them as we approach the 25th anniversary.
Finding the information in the form of the handbooks that have just been discovered will have shocked all of us once again, as will the information that my right hon. Friend the Member for Leigh (Andy Burnham) mentioned. Those of us who are concerned to ensure that successor bodies are both open and transparent, and to ensure that we get to the truth and hold to account those who were responsible 25 years ago, should co-operate in any way possible. I would be prepared to join my right hon. Friend and the Home Secretary in dealing with any allegations that are made about South Yorkshire police or any other local body that may at this point in time be acting inappropriately.
I thank the right hon. Gentleman for his comments and for his offer. As he says, it is extremely important that all those who can encourage others to act appropriately, do so, and are willing to challenge those who are not acting appropriately.
If I may, the hon. Member for Liverpool, Riverside (Mrs Ellman) asked another question, which I did not answer, about how I could maintain the trust of the families. I see the families from time to time, and as I have explained, Bishop James Jones is my adviser on the matter and he is seeing the families through the forums. I have made it clear both to Bishop Jones and to the families that if they have any concerns at all they should feel free to raise them directly with me and I will look into them.
(11 years, 4 months ago)
Commons ChamberMy hon. Friend raises an important point. It is exactly that issue in a number of areas—for example, pre-trial detention—that right hon. and hon. Members have raised as a key concern about the operation of the European arrest warrant. There are member states that have been extraditing individuals before they have properly investigated the case and before they have the evidence to charge and try them. That has often led to British citizens waiting for many months in jails abroad while the investigation took place. It is why one of the changes I wish to make to the operation of the European arrest warrant here in the UK would enable judges to discharge the extradition request if the requesting country had not taken a decision to charge and a decision to try the individual.
I am grateful to the Home Secretary, who has been generous in taking a considerable number of interventions. I would like to reinforce her point about the time it took before the European arrest warrant. I think even the hon. Member for Aldridge-Brownhills (Sir Richard Shepherd) would accept that the French jurisdiction was a reasonable place to which to extradite people, but will the Home Secretary confirm that before the European arrest warrant, we had one case that took nine years? With the frustrations in that case—and not only those of Ministers—and the damage it did not only to the relationship with France but to the course of justice, it was common sense to try to get a better system operating across Europe.
The right hon. Gentleman has put the point very well, and I am sure the whole House has listened to the example he provided. It is exactly such examples that make me think it right for us to ensure that we have a system that is better to operate. As he says, this is not only about relationships between Governments, but about the course of justice. That is why we want to ensure the more suitable, proper and swifter extradition arrangements that the EAW provides.
I said that our proposed list of measures for opting in was chosen because the measures would improve the practical fight against crime and the co-operation to achieve it. We of course await the views of the Scrutiny Committee and the Select Committees, but, for example, we want our law enforcement agencies to be able to establish joint investigation teams with colleagues in other European countries; we plan to rejoin the European supervision order, which allows British subjects to be bailed back to the UK rather than spend months and months abroad awaiting trial; and the second-generation Schengen information system—a new way of sharing law enforcement alerts throughout Europe—has the capacity to bring significant savings to our criminal justice system, as well as make it easier to identify foreign criminals. Again, this is just a question of practical co-operation, so the Government plan to join the database. I hope the House will see from the list of measures that the vast majority of what the Government propose to opt back into is uncontroversial, and based on the very sensible principle of “co-operation not control”.
I want to reiterate the Government’s position on Europol. As I mentioned earlier, the House will debate its future later tonight. The Government believe that Europol does excellent work under its British director, Rob Wainwright, which is why we propose to rejoin Europol in its existing form as part of the 2014 decision. There is a separate decision to be taken about Europol, and tonight’s debate will not be about the organisation in its current form but in its proposed future form. As things stand, the Commission proposes to change Europol’s governance and powers, potentially allowing it to direct national police forces and requiring us to share sensitive intelligence crucial to our national security. I believe that would be entirely unacceptable. These powers are unnecessary and would undermine our way of policing—and Europol has not even asked for them. The motive of the Commission appears to be nothing more than state-building. That is why we will not opt into the new Europol regulation and will never do so until those concerns have been put beyond doubt.
Some of my hon. Friends have been keen for me to address the question of the jurisdiction of the European Court of Justice. I have mentioned it already, but let me look at the issue once again. Between 1995 and the end of November 2009, 136 measures in the field of police and criminal justice were adopted in Brussels under the so-called third pillar. This meant that they were not the usual EU Acts and were not subject to either Commission enforcement powers or the full jurisdiction of the European Court of Justice. As a result, we could not be told by others that we had not implemented things properly and we could not be fined millions of pounds as a result. There were no European Court rulings that bound us, and we had a veto in negotiations.
When the last Government signed the Lisbon treaty, they changed the constitutional basis of the European Union, giving more powers over police and criminal justice matters to European institutions, and removing our veto in police and criminal justice. Now, at the end of a five-year transitional period on 1 December 2014, these pre-Lisbon measures become subject to Commission enforcement powers and the full jurisdiction of the European Court of Justice.
In fact, the whole justice and home affairs structure since Lisbon takes too much control away from elected national Governments. The Commission or the Council propose a measure, and the UK has the right to decide not to opt in, but if we decide that the measure is in the national interest and we do opt in, we are subject not only to qualified majority voting in the Council but to co-legislation rules in which the European Parliament is considered to be an equal to the Council of Ministers. Elected national Governments are sidelined—and that is before we even consider the role of the European Court of Justice in interpreting the measure once it becomes binding.
(11 years, 4 months ago)
Commons ChamberWe brought the proposals forward now because it is right that we have time to negotiate with the European Commission. As I indicated in my statement, there will be further opportunity for the House to consider the list of measures that we negotiate with the European Commission. I say to my hon. Friend and to other right hon. and hon. Members who chair the Committees to which he referred that the total list of measures has been available for those Committees to consider for some considerable time. The Government are indicating today which measures we wish to seek to rejoin. There will be a debate next week in the House and an opportunity to vote on that. As I have indicated, there will be further consideration and a vote at a later stage.
To coin an immediate phrase, “Oh dear, oh dear”—a statement today. In view of the Home Secretary’s remarks about the criminal justice system being primarily for this House—I cannot disagree with that in the light of the judgment at Strasbourg today on a measure that I took to make life mean life—is it not appropriate, as has just been requested, to give Members more time to consider what she has said before holding the debate scheduled for next week? Or is this just a straight political ploy, rather than a statesmanlike approach to an important issue?
This House will have time to consider the opt-out and the measures we seek to rejoin. Not only will there be a debate next week, but there will be further opportunity to comment on and discuss in the House those measures we are negotiating to rejoin with the European Commission.
(11 years, 10 months ago)
Commons ChamberCan the Home Secretary shed any light on the Prime Minister’s thinking, as expressed yesterday, about the removal of Abu Qatada?
The Prime Minister and I are of one mind on that, and I think that the majority of the public and Members of Parliament are as well. We want to deport Abu Qatada to Jordan. We are working on two tracks: we are continuing to work with the Jordanian Government to establish whether anything can be done to deal with the issue raised by the Special Immigration Appeals Commission in relation to our inability to deport him, and we have sought and been granted leave to appeal to the Court of Appeal. The case will be heard next month.
(12 years, 1 month ago)
Commons ChamberThe hon. Gentleman makes an important point. We will obviously need to see what material will be required for the investigations, and what material might be used as evidence in any charges and prosecutions that are brought. I will certainly look at the issue that he has raised about continuing transparency, which I recognise has been important in relation to the documents that have been released so far. Perhaps I can come back to him on that point.
May I return to the question of resourcing that was raised by the Chair of the Home Affairs Committee, my right hon. Friend the Member for Leicester East (Keith Vaz)? A number of agencies, including local government and the police, will be involved as a consequence of the inquest, and many other operations will need to be undertaken that will require substantial resourcing. Can we have an assurance that those costs will be met centrally, rather than in a way that could affect the operation of other services to people in the communities affected?
I hear what the right hon. Gentleman is saying, and I understand his concern that other services should not suffer as a result of any requirements being placed on such organisations. I cannot give a commitment across the board at this stage. We are talking to the IPCC about the resources that it will need, and my right hon. Friend the Secretary of State for Health will be looking at the implications for any health bodies that are involved. We want to ensure that the investigations are as thorough and exhaustive as possible, and we would not wish to put any barriers in the way of that happening, but a significant number of bodies will be involved, and we have to look at the matter very carefully. Specifically in regard to the IPCC, we are already having discussions about any requirements that it might have.
(12 years, 1 month ago)
Commons ChamberI am grateful for my right hon. and learned Friend’s remarks on a number of my announcements today. I fully recognise the concern expressed in this House and elsewhere about the perception that there is a difference. Sir Scott Baker considered the issue very carefully and came to the conclusion that there was no significant difference between the requirements on either side of the Atlantic and that in effect there was no practical difference between the two. I recognise, however, the opinion expressed by my right hon. and learned Friend today.
Given the politically and emotionally charged atmosphere around this case, I think that we all understand why the Home Secretary has taken the decision she has. There have been efforts—of which she and my right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson), her predecessor, are aware—to try to find a way around the situation so that it does not create a precedent for the future, particularly in relation to the cybercrime issues raised by the shadow Home Secretary. That has involved trying to organise video-conferencing and for sentences to be served in the United Kingdom. Without that, surely we will create a rod for our backs in that individual cases will be judged on the support they get from the public rather than on the logic and legal requirements that must be applied in any extradition case.
(12 years, 4 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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I thank my right hon. Friend for his very appropriate reference to the reserves, who are indeed being used. We welcome the work done by people who willingly give up their time to the Territorial Army, and they will be part of the troop deployment that will be taking place for the security of the Olympics. On Sunday, the contingency arrangements for the Olympics period will kick in at Heathrow, with the extra numbers of staff over and above any who have already gone in, and there will be a policy of ensuring that all desks are manned at peak times. That will deal with the issue he raised.
I share the view that has been expressed about the military. In February 2003, when there was a very serious security threat to Heathrow, we discovered that the deployment and demeanour of the military was crucial in avoiding turning security into a feeling of insecurity. Given the deployment of missiles on residential property and the numbers of military now being deployed, will the Home Secretary talk to LOCOG to ensure that we do not have a repeat of a situation where visitors to this country feel genuinely worried?
I think that the opposite is the case. Obviously, we want people who are coming to the Olympics to feel that they are coming to an event that is about sport and not to think that the prime issue that they are facing is security. All the evidence so far is that the troops who are already at Olympic venues are welcomed, that their demeanour is entirely appropriate, and that they provide a degree of reassurance that is welcome to the public.
(12 years, 7 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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What I agree with is that we should make every effort to reform the European Court, which is precisely what is being done today at the Brighton conference, and what will be done over the next two days, by my right hon. and learned Friends the Attorney-General and the shadow Justice Secretary.
I am having a greater struggle today to be magnanimous than I had on Tuesday. Although the Home Secretary might accept that it is no surprise that Abu Qatada will take any measure to make a monkey out of the Home Secretary and the Home Office, was it a surprise to her to learn that a question of ambiguity about the date was raised with the Home Office on Monday? Specifically, was she told and what did she do about it?
I have made it clear that the deadline was on Monday 16 April. That is the view that we have put to the European Court. As I have also said in my earlier responses, of course the Government were talking to the European Court throughout the three months, and we were doing so on the basis that the deadline was 16 April.
(12 years, 7 months ago)
Commons ChamberMy hon. Friend is right to refer to the Brighton conference, which starts tomorrow. It will be chaired by my right hon. and learned Friend the Justice Secretary, who has been working with the other 46 members of the Council of Europe to do what I believe we all want, which is to ensure that the European Court operates appropriately and in a way that reflects its original intentions. The Prime Minister made a speech earlier this year in which he made it clear that there were a number of issues that we wanted to look at, such as subsidiarity and the efficiency of the European Court. It is those matters which the Brighton conference will be discussing.
As the Home Secretary who originally certificated Abu Qatada, it would be churlish of me not to congratulate the Home Secretary on making at least some progress on the back of the change in Jordan’s constitution and on getting agreement. However, does she agree that much of the delay has been caused by the operation of the European Court, and that the proposals originally put forward by the Prime Minister for deliberation by the Council of Europe in Brighton this week have now been watered down? Is it not a contradiction to come here and be quite belligerent about believing that something can be achieved by words, when actually, in deliberation in Brighton this week, we will go in exactly the opposite direction?
I welcome the comments of the right hon. Gentleman, the Home Secretary who, as he said, first initiated proceedings for the deportation of Abu Qatada. What I would say to him about the Brighton conference is that the Prime Minister was quite clear earlier this year about those areas where we would be working to get some change in the operation of the European Court. Of course, all Members of this House will have to wait until the proceedings of the Brighton conference are complete to see the package that comes out of it, but I have every confidence that the work that my right hon. and learned Friend the Justice Secretary has done will indeed enable us to achieve the changes we want.
(12 years, 9 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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The specific reason for the European Court finding against deportation was the question of whether the evidence that would be used against Abu Qatada in his retrial—he had been tried in absentia—had been obtained as a result of torture. That is the issue that was raised by the European Court, and that is the issue that we are addressing.
In 2002, when Abu Qatada was eventually apprehended, he was in a flat about 400 yards away from MI5 headquarters, using what was then the most sophisticated electronic equipment to communicate his message. Given that the Home Secretary has said time and again this afternoon that the bail conditions are tough and would restrict him from being able to do that again, how can she possibly justify allowing a situation to arise at the end of April, with the Olympic games and the Queen’s jubilee taking place, in which terrorism prevention and investigation measures would come into effect that would do away with all the restrictions that she has set out in the bail conditions?
(13 years ago)
Commons ChamberI am very grateful to the Home Secretary. Did any other Minister give their consent or, by indicating that they needed to clear the backlog at Heathrow, indicate that any measures should be taken to free up resources to do that?
(13 years ago)
Commons ChamberI am grateful to my hon. Friend for reminding the House of that point. It was the actions of the last Government that led to the build-up of more than 450,000 asylum cases, which has only just been cleared. We are now able to operate a much more efficient asylum system. I can also assure my hon. Friend that this Government are not in favour of allowing an amnesty to illegal immigrants.
Last year the Government announced the abandoning of second-generation biometrics; we had not expected them to abandon first-generation biometrics quite so quickly.
I realise that we are dealing with a ministerial graveyard —as some of us know very well—but what monitoring and reporting mechanisms were introduced by Ministers so that they could be informed of the progress of the pilot programme and whether it was being eroded at the edges?
We ensured that there would be a proper evaluation of the pilot programme. The point of making it a pilot programme was to establish whether it would indeed be possible to target those who constituted a higher risk in terms of border security, and whether there would be benefits from such action. As I have said, the pilot ended last week, and the full results of the evaluation have not yet been made available.
(13 years, 5 months ago)
Commons ChamberI thank my hon. Friend for an important question. The establishment of the NCA will require legislation. We aim for that legislation to be in place so that the NCA can be fully operational in 2013, but we believe that this is an important area and that we need to start working before then. The transition to the NCA can be eased by work such as developing the organised crime strategy, starting to develop the co-ordination capability on organised crime within the Home Office, which we are doing and, as I have just indicated, starting to develop the co-ordination capacity in relation to economic crime. These are the precursors for a more seamless transition to the NCA.
As we develop the agency, we intend to establish a position for an individual who will head the work. An individual at chief constable level will be appointed fairly soon—within the next few months—and will be able to work within the Home Office over the period before the NCA is set up. At that point there will be a transition for a permanent individual to be established as the head of the NCA.
We want to learn lessons—for example, from the setting up of SOCA, where there were some difficulties in terms of personnel and their move over to SOCA. We will be looking at the lessons to be learned from that.
I congratulate the Home Secretary on the prettiest little speech rewriting history that the House has heard for some time. I plead guilty to having been responsible for launching the Serious Organised Crime Agency. I had hoped for a 50% remission, but I will have to settle for a third instead.
The truth of the matter is that SOCA has had enormous successes but was bedevilled by the over-emphasis on intelligence rather than on enforcement, yet this afternoon the Home Secretary once again placed intelligence at the centre. In the new economic crime directorate, the new border directorate and the relationship with Customs and Excise, who will be responsible for the emphasis on economic and, by its very nature, cybercrime—the Treasury directing the policy or the Home Office laying it down? We had problems with that, and I did not hear any explanation of how the present Home Secretary intends to get round that difficulty.
I am sorry about the approach that the right hon. Gentleman took in his comments. If he had listened carefully both to my statement and to the response I gave to his right hon. Friend the shadow Home Secretary, he would have heard me make it clear that I think SOCA has done good work over the past few years, but I believe, and I think those involved in SOCA would agree, that we can do more. We can build on the experience that it has built up. By making SOCA the organised crime command within the National Crime Agency and being able to take advantage of the synergies across the law enforcement agencies and police forces, we will be able to do a more effective job in the future.
On the intelligence issue, yes, there will be an intelligence capability at the NCA. That is important, but the difference is that the NCA will clearly be a crime-fighting body and the commands within it will be crime-fighting commands.
In relation to cybercrime, which the right hon. Gentleman referred to, there will be a cybercrime unit at the NCA which will cross all the commands, because cybercrime is both a crime in itself and a tool for the execution of other crimes.
(13 years, 5 months ago)
Commons ChamberI thank my right hon. Friend for bringing that letter to the attention of the House and, in doing so, raising a very important aspect of the work on which we wish to focus. There is a great deal more to be done in prisons, and a number of steps that we intend to take are set out in the Prevent strategy today. I should be very happy to receive a copy of that letter, if he feels able to share it with me, so that we can look at the specific allegations that have been made, but we intend to work more carefully with prisons, prison staff, the National Offender Management Service and those going into prisons to deal with individual prisoners in order to try to ensure that we do not see the sort of activity taking place that he has identified.
Who could possibly disagree with the three objectives that the Home Secretary has set out? But she has not done herself or her Government justice by seeking to make party political points about those who had to deal—I did not have to—with the reality of post-7 July 2005. I have just one very simple question. How can she this afternoon talk about building on our institutions and on an understanding of our values and history while the Education Secretary is proposing to withdraw citizenship from the school curriculum?
In relation to my comments on the previous Government, we did a proper review of the Prevent strategy to identify those areas where change was necessary. We have done that, and I have brought to the House a number of areas where we believe the previous Government’s strategy was flawed and where it is necessary to make changes, which I have set out before the House today.
In relation to what is happening in education, my right hon. Friend the Secretary of State for Education is quite clear about the necessity of ensuring that values are indeed taught in our schools, but that that is done in a number of ways, including through the proper teaching of our history.
(13 years, 8 months ago)
Commons ChamberI thank my hon. Friend for his question, because it enables me to clarify a point about students who currently do so-called pathway courses for English language. One of the points made clear to us by the university sector was that it often has arrangements with colleges to allow students without the required level of English to come and learn it at a pathway college and then progress to university. They will be able to continue to do so, but the students entering the college must be sponsored by the university. The university’s highly trusted sponsor status will cover those students, and undergraduates who wish to progress to postgraduate studies will be able to do so. Our requirement for progression is that it is clear that academic progression is taking place, and obviously moving on to postgraduate study is exactly that.
As a lifelong expert in hyperbole, I advise the Home Secretary to ease off on it in the message to undergraduate and postgraduate students across the world. Some £25 million will be lost to the university of Sheffield and Sheffield Hallam university from legitimate overseas students in the coming year. Will she promise the House that in taking the necessary tough measures in one area she will change the hyperbole and send the message to legitimate students across the world that they are welcome in the United Kingdom?
As I said in my statement, the message to the brightest and best students around the globe is clear: Britain’s world-class universities remain open for business. However, as I have said to the university sector, we need to work together to ensure that that positive message is the one given, not the negative one given by the shadow Home Secretary.
(13 years, 8 months ago)
Commons ChamberI understand the point that the right hon. Gentleman is making about his experience in relation to the Omagh bombing. I believe that it is possible to shorten that period to ensure that we can recall Parliament in such exceptional circumstances if that is needed. It would be wrong for hon. Members to expect that the only circumstances in which that would be required would be towards the end of a 14-day period of pre-charge detention. The period that would be available for the recall and for the new measures to be put through might be a little longer than the right hon. Gentleman is considering.
I want to move on to stop and search, which is the other aspect of counter-terrorism legislation that we will deal with in the Bill. As well as scaling back the excessive counter-terrorism legislation of the past, we need to stop the misuse of these laws. The extensive and disproportionate use of stop-and-search powers under section 44 of the Terrorism Act 2000 is one example of that misuse. It has eroded public trust and dented public confidence. But the evidence, particularly in Northern Ireland, has demonstrated that when there is a credible threat of an imminent terrorist attack, the absence of such powers might create a gap in the ability of the police to protect the public.
The Bill therefore repeals section 44 and replaces it with a tightly defined power which would allow a senior police officer to make a targeted authorisation of much more limited scope and duration for no-suspicion stop-and-search powers. These would be authorised to prevent a terrorist attack only when there is a specific threat. The new power to search a person or vehicle would be subject to a number of additional safeguards, including a requirement that a senior police officer should reasonably suspect that an act of terrorism would take place and that the use of these powers was necessary to prevent the act of terrorism. The duration of any authorisation must now be no longer and no greater than is necessary to prevent the act of terrorism.
The purposes for which an officer may search a person or vehicle will be limited to looking for evidence that the individual is a terrorist or that a vehicle is being used for the purposes of terrorism. The Secretary of State would have the option of amending the authorisation, rather than only accepting or refusing it, as previously. Finally, the Secretary of State will be required to prepare a code of practice containing guidance on the use of the powers. These changes will provide the police with the powers that they need to deal with terrorist threats, while also ensuring that the public are not needlessly stopped and searched. The measures will also prevent the misuse of stop-and-search powers against photographers, which I know was a significant concern with the previous regime.
As recommended by the counter-terrorism powers review, I have considered whether the police need these revised powers more quickly than the Bill would allow. Given the current threat environment, I have concluded that they do. The most appropriate way of meeting the legal and operational requirements is to make an urgent remedial order under section 10 of the Human Rights Act 1998 to make immediate changes to the legislation. I will be doing this shortly. This is only an interim solution. The proposed new powers will remain in the Bill to ensure full scrutiny of the provisions.
Another important area where we will roll back the state’s power to common-sense levels is in the vetting and barring and criminal records regimes. The previous Government created the vetting and barring scheme with reasonable intentions, but, as with much that they did, their implementation was disproportionate and over-reliant on the state. There is no doubt that a small minority pose a risk to vulnerable people, including children, but requiring more than 9 million people to register and be monitored is not an appropriate response. We should be encouraging volunteers, not treating them like criminals.
The Bill will therefore introduce a new regime, whereby employers will be given a much more central role in ensuring safe recruitment practices, supported by a proportionate central barring scheme. We will retain the sensible features of the vetting and barring scheme, but will not require registration or monitoring, which means that there will no longer be an intrusive state-run database containing the details of 9.3 million people. The scheme will cover only those who have regular or close contact with vulnerable groups. This will create a more convenient and proportionate system for both employers and voluntary organisations and the people seeking to work or volunteer with children or vulnerable adults.
On the criminal records regime specifically, the Bill will enable criminal records disclosures to become portable, through a system which allows for continuous updating. This would enable an employer to establish whether new information had been recorded since the certificate was issued. It will also remove the provision requiring a copy of a certificate to be sent directly to an employer. This will allow an applicant legitimately to dispute the information released on the certificate, without this information already having been seen by the employer.
To administer the new scheme, the Criminal Records Bureau and the Independent Safeguarding Authority will be merged into a single, new organisation. These changes will ensure the continued protection of vulnerable people and children, while at the same time allowing those who want to volunteer to do so without fear or suspicion. It will end the unnecessary state scrutiny of law-abiding people.
As well as dealing with recent illiberal laws, today’s Bill rights historic wrongs. Consensual sex between men over the age of consent was decriminalised in 1967, yet more than 40 years on, gay men can still be penalised and discriminated against because of convictions for conduct which is now perfectly lawful. It is right that we should change the law and wipe the slate clean. The Bill establishes a scheme whereby an individual with a conviction that would today not be considered an offence would be able to apply to the Home Office to have the conviction and caution disregarded. If an application were approved, details of the conviction or caution would be removed from police records and the individual would be able legally to conceal their previous conviction in any circumstances. It would also no longer appear on a criminal record disclosure.
Greater transparency is at the heart of our commitment to open up government to greater scrutiny and to allow public authorities to be held to account, so the Bill makes a number of changes to the Freedom of Information Act to extend its provisions. We will consult the House authorities on these provisions before the Committee stage to ensure that parliamentary copyright is properly safeguarded. The Bill also makes changes to the Freedom of Information Act and to the Data Protection Act to enhance the independence of the Information Commissioner.
The Home Secretary will be surprised to hear that I agree with quite a lot of the Bill, but on data protection, will she consider a constituent of mine who is extremely worried about the amount of information being collected about him and retained? For privacy reasons, I will not give his name, but let us call him Mr N Clegg. He is worried that in the next four weeks information will be gathered from him which he does not wish to give and which he does not wish the Government to retain. It is called the census. What advice would the right hon. Lady give to my constituent in such circumstances?
I was waiting for the dénouement of the right hon. Gentleman’s question. There is a requirement for people to fill in the census. It is an extremely useful tool for Government. Previous Governments wanted a census because it informs Government in the production of policy. What I would say to the right hon. Gentleman’s constituent is that the census can provide useful information better to inform Government to produce better policy.
(13 years, 10 months ago)
Commons ChamberI thank my right hon. and learned Friend for his contribution. I am particularly grateful to him for pointing out, from his experience, that it is perfectly possible to pass legislation in one parliamentary day, as did a Labour Home Secretary. Of course, the crucial factor then was consensus across the House, and I hope that we shall be able to achieve that again, should it be necessary to bring forward the emergency legislation to which I referred in my statement.
My right hon. and learned Friend also reminds us that is has been important for the coalition Government to ensure that we rebalance the needs of our national security with our civil liberties. I was disappointed that the shadow Home Secretary made no attempt to apologise for the way in which the previous Labour Government infringed people’s civil liberties.
May I sympathise with the Home Secretary in having to balance the protection of the British people with the political embarrassment of the Deputy Prime Minister? As she has already said, we all agree that prosecution and conviction would be preferred in cases where conspiracy to commit terrorist acts, or the preparation of such acts, are the issue. Will she therefore consider one more attempt to approach the senior judiciary and the legal profession to get agreement to change the rules on disclosure and admissibility of evidence, so that we can use due process through the courts in difficult circumstances such as those of the man known as AM who is being held on a control order? He has declared that he wishes to take his own life, and thereby the life of the British people. The consequence of that would be that we could not prosecute or convict him, because he would be dead.
I note the points that the right hon. Gentleman has made. On the issue of the admissibility of evidence in court, the Government will produce a Green Paper later this year—some time in the summer—that will deal with the whole question of the use of closed evidence in legal proceedings. I am sure that the right hon. Gentleman will look forward to that with great interest. On his first point, I merely say that both parties in the coalition Government went into the election absolutely committed to the need to rebalance our national security and our civil liberties. The package I have announced today does just that.
(13 years, 11 months ago)
Commons ChamberMay I pay tribute to the Home Affairs Committee’s work on the issue? I shall finish talking about what is in the Bill and will then comment on the issue raised by the right hon. Gentleman, which is not covered in the Bill.
We shall allow local councils to charge a late-night levy on licensed premises that open after midnight to help to pay for late-night policing and other services, such as taxi marshals or street wardens. On the issue raised by the right hon. Gentleman, which is not included in the Bill, the Government remain committed to banning the below-cost sale of alcohol and we will bring forward proposals on that shortly.
Right hon. and hon. Members will not need me to tell them of the growing concern about the availability, use and potential harm of so-called legal highs. We supported the previous Government in the action they took to ban mephedrone, and we have taken legislative action against a similar but even more potent drug: naphyrone. The existing arrangements for bringing a drug under control using the Misuse of Drugs Act 1971 remains our preferred approach. However, it simply takes too long to respond effectively to these new and fast-evolving substances. In the meantime, their availability in the UK goes unchecked and we run the risk that they will gain a foothold—as mephedrone did—and that they will cause damage on our streets and harm to our young people. The power in the Bill to make year-long temporary class drug orders—temporary banning orders—will strike the right balance between swift action and expert advice. The offences in the Bill are rightly targeted at suppliers and traffickers, and carry significant penalties.
On a different issue, I am sure that right hon. and hon. Members from all parties would agree that for too long the historic Parliament square has been subjected to unacceptable levels of disruption and abuse caused by long-term encampments occupying the site. The actions of a small minority have also prevented others from enjoying an important public space. The Serious Organised Crime and Police Act 2005 tried to deal with the disruption on the square by targeting protest as a whole, but it went too far and missed the point. The continuing occupation of the square and last week’s violence, on which I updated the House earlier, have shown that those measures have not worked. The Bill will restore the right to peaceful protest around Parliament by repealing the relevant sections of the 2005 Act.
I confess that I was responsible for the original clause in what became the 2005 Act. I would like to apologise for that, because we did not quite get it right. However, it is not the drafting of the legislation that matters but whether people are prepared to implement it. The Home Secretary will certainly have my support if she can manage to get the police and the local authority to work together to do something, rather than simply talking about it.
I am grateful for the right hon. Gentleman’s point. I think it is fair to say that the whole of Parliament thought that previous attempts to deal with the matter had succeeded and that people were disappointed when we discovered that that was not the case. I can confirm that the Under-Secretary of State for the Home Department, my hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire), who deals with crime prevention, has been working very closely on the matter with the Metropolitan police, the Greater London authority, Westminster city council and, indeed, with the House authorities where relevant. Those parties are willing to work together to ensure that we keep Parliament square clear of encampments. The Bill does not deal with the problem of permanent encampments by restricting protests across the board; it bans the use of tents, other equipment and the unauthorised use of loudhailers in Parliament square.
(13 years, 11 months ago)
Commons ChamberI thank my hon. Friend for his observations. Difficult judgments are made about the routes of these marches. He refers to the decisions, or the desires, of the NUS. One of the disappointments of what has happened so far is that, although the police have engaged with the NUS and discussed possible routes, a significant number of people have, sadly, come along purely to cause trouble, and the police have been dealing with them as best they can.
I endorse what the Home Secretary and my right hon. Friend the Member for Morley and Outwood (Ed Balls) said about violence helping only the exact opposite cause to that which the students seek to espouse. Will the report that will be produced on Friday deal in detail with the breakdown of and lapse in intelligence and communication, which is highly unusual with the protection service? Above all, will she say whether, under the police Bill, she would report to the House at all if such a demonstration took place in London, or more likely in Leeds, Liverpool or Sheffield, and there was a breakdown of law and order?
I thank the right hon. Gentleman for his opening remarks. In relation to what the report on royal protection will go into, he referred to a couple of matters on which there has been press speculation, such as the communications equipment. That is exactly the sort of issue that the report will consider. It will look in detail at exactly what happened, and will come out on Friday, although the amount of information that can be made public will be limited.
On the second point, I say to the right hon. Gentleman that I am here making a statement, and that we already have the equivalent of a police and crime commissioner in London—the Mayor.
(14 years ago)
Commons ChamberI thank my hon. Friend for his question. May I join him in commending the work of all those at East Midlands airport, including the police and others working there, for the way that they dealt with the incident? It is one thing to stand here in the House of Commons and talk about such an incident; it is quite another to approach a device that one knows may be explosive and to deal with it on behalf of others. I certainly thank them for their work, and I commend them for it.
On the second part of my hon. Friend’s question, I would simply say that it is not in our gift to mandate the response of others on such issues. However, the work that we will be doing—and that we have been doing as a country over the years—which involves talking to international partners, airlines and airport operators about security levels and the measures that need to be put in place, is part of the process of trying to ensure that, as far as possible, we see enhanced security in other places.
May I reinforce the bipartisan approach that my right hon. Friends have already mentioned? The Home Secretary will know that we have a significant Yemeni community in Sheffield, the members of which would want me to offer their support for the measures that she has announced this afternoon and for the way in which she is drawing down experience and expertise. Will she engage the Yemeni community in this country as part of the process of reinforcing the Government’s approach to the Yemeni Government, who face the most enormous difficulties because of historic, geographic and tribal splits, and the way in which al-Qaeda has moved from Saudi Arabia into Yemen, and in some cases is using the discontent of people living there as a way of propagating its terrorist activity across the world?
I thank the right hon. Gentleman for his suggestion, and of course that understanding and knowledge of the Yemeni community here in the UK are important to us. The Government have been working closely with the Yemeni Government to try to support them in doing what they want to do, which is to ensure that al-Qaeda is not in Yemen and is not able either to make attacks in Yemen or to use the country as a launch pad for attacks elsewhere. We will continue to work with the Yemeni Government to do all we can to provide them with the support that they need to conduct that task.
(14 years, 4 months ago)
Commons ChamberI think that everybody in politics aims to represent the people and their views. The point of directly elected commissioners is to replace bureaucratic accountability with democratic accountability. However, the hon. Gentleman is right that checks and balances need to be in place. That is why we will introduce the police and crime panels, drawn from local authority representatives and independent members, with powers to look at the commissioner of police’s plans in their area and to raise public concerns if they wish to do that.
I will leave aside the fact that the Government came to power promising to stop constant reorganisations but have done nothing but reorganise. Will the Home Secretary confirm that SOCA in its current guise is being abolished and that the intelligence function, which is crucial to dealing with, for example, the cybercrime and e-crime that she mentioned, will go with it? Does she therefore propose to enhance the role of the excellent police e-crime unit in the Met, or to transfer the powers to that amorphous body, the NCA?
The right hon. Gentleman’s assumption that SOCA’s intelligence-gathering capability will be abolished is completely wrong. We intend to build on and harness the intelligence-gathering expertise that has been built up in SOCA in the past few years as part of the serious organised crime command in the national crime agency.
Given that, in November 2003, the right hon. Gentleman’s proposals included changing police authorities so that they would be wholly or partially directly elected rather than appointed, I am sorry that he has not supported our proposal for directly elected commissioners.
(14 years, 5 months ago)
Commons ChamberNo, I said that I was going to make some progress. I have been quite generous already in taking interventions.
Much of the Identity Cards Act 2006 will be undone but the Bill will re-enact certain provisions in the 2006 Act that do not relate solely to ID cards. Those provisions on offences and passport verification make available powers in relation to the detection and prevention of fraud, and the consular fees provision makes it possible to issue passports at subsidised rates. It will remain an offence to carry an identity document that a person knows or believes to be false or to hold a genuine document that relates to someone else, or that has been improperly obtained. Also it will remain illegal to possess equipment for falsifying documents. Under the Bill, ID cards will be invalidated. Holders will not be able to use them either to prove their identity or as a travel document in Europe. On the passing of the Bill, I will not issue any more cards. Following Royal Assent, cards will remain valid for just one more month.
Will the Home Secretary give way? I am very grateful to the right hon. Lady for doing so. [Laughter.]
The right hon. Lady paused and I believed she had given way. My apologies for that.
I have an ID card here. Is the right hon. Lady saying that from now on any use of the document to reinforce my identity would be illegal?
I have not said that that is the case from today. I have a rather greater belief in the value of Parliament than the last Labour Government showed. Any provisions will come into force only once the Bill has been approved by Parliament and has received Royal Assent. It is after Royal Assent that cards will remain valid for one more month only. I will be writing to all those who already have a card to inform them of the change, so the right hon. Gentleman can look forward in due course to receiving a letter from me. Let us get this in proportion: fewer than 15,000 people already have a card.
I am sorry for intervening again, but as the House will appreciate, the subject is rather close to my heart. I understand entirely that the document will not be useable for travel purposes once the Bill has received Royal Assent, but I understood the right hon. Lady to say that it would not be valid in offering any proof of identity. Just before that, she said that it would be illegal. I am trying to ascertain whether using this document, which has my fingerprints and photo and is more authentic than my passport, would make me a criminal were I to use it for other purposes, such as opening a bank account.
I followed the right hon. Gentleman’s argument quite carefully and perhaps I can reprise what I actually said earlier. Under the Bill, the cards will be invalidated. Holders will not be able to use them either to prove their identity or as a travel document in Europe. On Royal Assent, they will remain valid for only one more month. I did not use the word “illegal”, except in relation to those who possess equipment for falsifying documents. I trust that, as a former Home Secretary, the right hon. Gentleman is not intending to hold equipment for the falsification of documents.
For the record, the right hon. Gentleman nodded at that point.
The post of Identity Commissioner will be abolished. The public panels and experts groups that were established by the Identity and Passport Service have already been disbanded, and 60 temporary staff in Durham have already been released early.